Altmire Petition Challenge

8/3/2019 Altmire Petition Challenge

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Scott A. Caulfield, Esquire

Pennsylvania I.D. No. 94784

1523D High Pointe DriveHarrisburg, PA 17110

ph: (717) 512-8928

fax: (717) [email protected]

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN RE: NOMINATION PETITION OF

JASON ALTMIRE AS A CANDIDATE

FOR THE DEMOCRATIC

NOMINATION FOR

REPRESENTATIVE IN THE UNITEDSTATES CONGRESS FOR THE

TWELFTH CONGRESSIONAL

DISTRICT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT

OF PENNSYLVANIA

No. C.D. 2012

Objection of Richard D. Akers, JimBeckwith, Debra K. DeBiase, and Carol

A. Crookston, Petitioner-Objectors

PETITION TO SET ASIDE NOMINATION PETITION OF JASON ALTMIRE

TO: THE HONORABLE JUDGES OF THECOMMONWEALTH COURT OF PENNSYLVANIA

Petitioner-Objectors, by and through their undersigned counsel, file this Petition

to Set Aside the Nomination Petition of Jason Altmire for the Democratic nomination for

Representative in the United States Congress for the Twelfth Congressional District of

Pennsylvania, and further request this Honorable Court direct appropriate officers of the

Commonwealth of Pennsylvania, and its political subdivisions, to omit the name of Jason

Altmire from the Democratic ballot for Representative in the United States Congress for the

Twelfth Congressional District of Pennsylvania in the primary election occurring April 24, 2012.

In support thereof, Petitioner-Objectors respectfully represent as follows:


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Parties and Standing of Petitioner-Objectors

1. Petitioner-Objector Richard D. Akers, 442 Bob Street, Johnstown, Pennsylvania15904, in the Township of Richland, County of Cambria, Commonwealth of Pennsylvania

(hereafter, Akers) is a registered and enrolled member of the Democratic Party in the Twelfth

Congressional District of Pennsylvania. As such, Petitioner-Objector Akers has a direct and

substantial interest in the conduct of, and compliance with the election laws concerning, the

April 24, 2012 primary election for the Democratic nomination for Representative in the United

States Congress for the Twelfth Congressional District of Pennsylvania. Therefore, Petitioner-

Objector Akers has a direct and substantial interest in the success of this Petition. See generally,

In Re: Barlip, 428 A.2d 1058, 1060 (Pa. Cmnwlth.1981).

2. Petitioner-Objector Jim Beckwith, 153 Rolling Hills Road, Johnstown,Pennsylvania, 15905, in the Township of Upper Yoder, County of Cambria, Commonwealth of

Pennsylvania (hereafter, Beckwith) is a registered and enrolled member of the Democratic

Party in the Twelfth Congressional District of Pennsylvania. As such, Petitioner-Objector

Beckwith has a direct and substantial interest in the conduct of, and compliance with the election

laws concerning, the April 24, 2012 primary election for the Democratic nomination for


Pennsylvania. Therefore, Petitioner-Objector Beckwith has a direct and substantial interest in

the success of this Petition. Id.

3. Petitioner-Objector Debra K. DeBiase, 1716 Fern Avenue, Windber,Pennsylvania 15963, in the Township of Paint, County of Somerset, Commonwealth of

Pennsylvania (hereafter, DeBiase) is a registered and enrolled member of the Democratic Party

in the Twelfth Congressional District of Pennsylvania. As such, Petitioner-Objector DeBiase has

a direct and substantial interest in the conduct of, and compliance with the election laws

concerning, the April 24, 2012 primary election for the Democratic nomination for

Representative in the United States Congress for the Twelfth Congressional District ofPennsylvania. Therefore, Petitioner-Objector DeBiase has a direct and substantial interest in the

success of this Petition. Id.

4. Petitioner-Objector Carol A. Crookston, 110 Alberta Avenue, Johnstown,Pennsylvania 15905, in the Township of Upper Yoder, County of Cambria, Commonwealth of

Pennsylvania (hereafter, Crookston) is a registered and enrolled member of the Democratic


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Party in the Twelfth Congressional District of Pennsylvania. As such, Petitioner-Objector

Crookston has a direct and substantial interest in the conduct of, and compliance with the

election laws concerning, the April 24, 2012 primary election for the Democratic nomination for


Pennsylvania. Therefore, Petitioner-Objector Crookston has a direct and substantial interest in

the success of this Petition. Id.

Jurisdiction

5. The Commonwealth Court of Pennsylvania has original jurisdiction over thiselection matter pursuant to 42 Pa.C.S. 764 and 25 P.S. 2937.

6. The act of June 3, 1937 (P.L. 1333, No. 320), as amended, known as thePennsylvania Election Code (25 P.S. 2600 et seq.) (hereafter, the Election Code), and case

law decided pursuant thereto, govern disposition of matters addressed by this Petition.

Process of Qualifying for Primary Election Ballot

7. The Commonwealth of Pennsylvania will conduct a primary election on April 24,2012 (hereafter, the Primary Election).

8. Pursuant to the Election Code, a person seeking to have his or her name listed onthe Primary Election ballot as a candidate for a political partys nomination for Representative in

the United States Congress must submit a nomination petition containing the valid signatures of

at least 1,000 registered and enrolled members of the applicable political party in the

congressional district sought. See 25 P.S. 2872.1(12).

9. Circulation of a nomination petition was limited to a period commencing onJanuary 24, 2012 and ending on February 14, 2012. See 25 P.S. 2868.

10. Such nomination petitions were required to be filed with the Secretary of theCommonwealth of Pennsylvania by no later than February 14, 2012. See 25 P.S. 2873.

11. Each individual and numbered page of a nomination petition (hereafter,Signature Page) is comprised of two sides containing fifty (50) designated lines requiring:

valid signatures to include a signature of the elector; printed name of the elector;, place of

residence of the elector (i.e., house number, street or road, city, borough or township), and date

of signing by the elector. See 25 P.S. 2868.


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12. Each Signature Page requires information identifying: the year of primaryelection concerned; the office sought by the candidate; the name, occupation and residence of the

candidate; the county of the signers; and the political party of the signers.

13. Each Signature Page also includes an affidavit supporting the aforementionedsignatures and information provided by electors (hereafter, Circulators Affidavit). The

Circulators Affidavit must identify the county of petition signers residence, as well as the

signature, printed name, and residence (i.e., house number, street or road, city, borough or

township) of the circulator. The Circulators Affidavit also must be notarized. See 25 P.S.

2869.

Challenges to Candidates Nomination Petition

14. The Election Code specifies the requirements for the circulation and signing ofthe nomination petition for a candidate of a political party in the Commonwealth of

Pennsylvania. See 25 P.S. 2868, 2869.

15. In accordance with the requirements set forth in the Election Code, unless thenomination petition contains at least 1,000 valid signatures of registered and enrolled members

of the Democratic Party in the Twelfth Congressional District of Pennsylvania, the candidate

may not appear on the Primary Election ballot.

16. On or about February 13, 2012 Jason Altmire (hereafter, the Candidate) filed anomination petition with the Secretary of the Commonwealth (hereafter, the Nomination

Petition) seeking to have his name listed on the Primary Election ballot (hereafter, the Ballot)

as a candidate for the Democratic nomination for the office of Representative in the United

States Congress for the Twelfth Congressional District of Pennsylvania. Candidate filed

supplements to the Nomination Petition on or about February 14, 2012. Copies of Candidates

Nomination Petition are attached hereto, and incorporated as if set forth fully herein, as Exhibit

A, Candidate Altmires Candidate Affidavit and Nomination Petition Signature Pages (hereafter,

Exhibit A).

17. The Nomination Petition includes 98 Signature Pages, numbered 1-98,accompanied by an affidavit of the Candidate (hereafter, the Candidates Affidavit). See

Exhibit A.


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18. As set forth below, the Nomination Petition purports to contain the signatures,addresses, and date of signature of 1,651 registered and enrolled members of the Democratic

Party in the Twelfth Congressional District of Pennsylvania (hereafter, the Signers). See

Exhibit A.

19. Original versions of the Nomination Petition and Candidates Affidavit were filedwith, and remain in the custody of, the Pennsylvania Secretary of the Commonwealth and are

incorporated herein by reference.

20. As set forth below and in Exhibit B, attached hereto and incorporated by referenceas if fully set forth herein, Candidates Nomination Petition includes numerous defective

signatures, illegible signatures, signatures of unregistered or ineligible voters, signatures of

fictitious individuals, defective Signature Pages, and defective Circulators Affidavits. See

Exhibit B, Individual Signature Line Challenges to Candidate Altmires Signature Pages

(hereafter, Exhibit B).

21. As a result of these defects, irregularities, and unmistakable pattern of improprietyin obtaining the affixed signatures, addresses, and dates, as well as the signatures and statements

of the Circulators, Candidates Nomination Petition contains an insufficient number of valid

signatures to qualify Candidate for inclusion on the Primary Election ballot as a Democratic

candidate for the office of Representative in the United States Congress for the Twelfth

Congressional District of Pennsylvania. See Exhibit B.

22. The Election Code also sets forth the procedure by which the nomination petitionmay be challenged and set aside. See 25 P.S. 2937.

23. Petitioner-Objectors and their representatives have reviewed the NominationPetition. Based upon such review, Petitioner-Objectors believe, and therefore aver, that the

Nomination Petition is defective, inadequate, and does not contain at least 1,000 valid signatures

of registered and enrolled members of the Democratic Party in the Twelfth Congressional

District of Pennsylvania at the time of signing. See Exhibit B.

24. Therefore, Candidates Nomination Petition fails to comply with the ElectionCode and should be set aside by this Honorable Court.


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Global Challenges to Candidates Nomination Petition

25. The Election Code requires that the Circulator affirming a nomination petitionpage must be aware of five criteria about each individual signer: (1) the signer had full

knowledge of contents of the petition; (2) the signers address is correct; (3) the signer resides in

the county in the affidavit; (4) the signer signed the petition on the date set forth; and (5) to the

best of the Circulators knowledge and belief, the signer was a qualified elector and a member of

the party claimed on the petition. See 25 P.S. 2869.

26. The Circulator affirming each Signature Page must be present when each electorsigns his or her name and provides the necessary supplementary information. See In Re:

Nomination of Flaherty, 770 A.2d 327 (Pa. 2001).

27. Petitioner-Objectors and/or their representatives have examined the signatures,Signer information, and sworn affidavit of each Circulator to determine whether each Signature

Page of the Nomination Petition conforms to legal requirements. See Exhibit B.

28. Upon information and belief, Circulators utilized by Candidate ignored therequirements imposed by the Election Code, submitted numerous false signatures and Signer

information, and/or falsely attested to many of the Circulator Affidavits within the Nomination

Petition. See Exhibit B.

29. As demonstrated below and in the Nomination Petition, many Signature Pages ofthe Nomination Petition should be stricken in their entirety due to an extensive list and pattern of

material defects. See Exhibit B.

Circulators Affidavits and Other Defects on Candidates Nomination Petition

30. An individual identified as Edward Gerstenaber circulated Signature Page 30,containing 6 signatures. The Circulators Affidavit on such Signature Page does not include a

county of petition signers residence. See Exhibit B, Signature Page 30. Petitioner-Objectors

believe and therefore aver that all of the signatures on Signature Page 30 should be strickenbecause the Circulators Affidavit on such Signature Page is defective.

31. An individual identified as Fred Kissell circulated Signature Page 47, containing22 signatures. The Circulators Affidavit on such Signature Page is not properly notarized, as it

lacks a sufficient stamp or seal from the Notary Public. See Exhibit B, Signature Page 47.


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Petitioner-Objectors believe and therefore aver that all of the signatures on Signature Page 47

should be stricken because the Circulators Affidavit on such Signature Page is defective.

32. An individual identified as Jarret A. Gibbons circulated Signature Page 12,containing 4 signatures. The Circulators Affidavit on such Signature Page is not properly

notarized because the notary public did not list the county. See Exhibit B, Signature Page 12.



33. An individual identified as JJ Costa circulated Signature Page 89, containing 9signatures. The Circulators Affidavit on such Signature Page includes a signed and printed

nickname and/or initials rather than a proper name. See Exhibit B, Signature Page 89.



34. An individual identified as Eric Cesaratto circulated Signature Page 90, 91, 92,and 98, containing a total of 35 signatures. The Circulators Affidavit on such Signature Pages

identify the Circulators city, borough, or township as North Washington Township. Upon

information and belief, Circulators township is Washington Township and his mailing address

is Apollo. See Exhibit B, Signature Pages 90, 91, 92, and 98. Petitioner-Objectors believe and

therefore aver that all of the signatures on Signature Pages 90, 91, 92, and 98 should be stricken

because the Circulators Affidavits on such Signature Pages are defective.

35. An individual identified as Raymond Presutti circulated Signature Pages 14, 35,53, and 65, containing a total of 124 signatures. The Circulators Affidavits on Signature Pages

14, 35, 53, and 65 contain signatures which are materially and significantly different from each

other. Upon further information and belief, Circulator failed to witness each elector sign his or

her name on such Signature Pages. See Exhibit B, Signature Pages 1435, 53, and 65.

Petitioner-Objectors believe and therefore aver that all of the signatures on Signature Pages 14,

35, 53, and 65 should be stricken because the Circulators Affidavits on such Signature Pages are

defective.

36. An individual identified as Abigail Silverman circulated Signature Pages 2, 4, 13,19, 20, 36, 39, 40, 41, 44, 45, 46, 68, 72, 75, 76, 77, 78, 79, 81, 85, 86, 87, 94, 96 , and 97

containing a total of 395 signatures. Upon information and belief, Circulator does not reside at

the address set forth in the Circulators Affidavits or the address was not properly completed by


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the Circulator. Upon further information and belief, Circulator failed to witness each elector sign

his or her name on the Signature Pages. See Exhibit B, Signature Pages 2, 4, 13, 19, 20, 36, 39,

40, 41, 44, 45, 46, 68, 72, 75, 76, 77, 78, 79, 81, 85, 86, 87, 94, 96 , and 97. Petitioner-Objectors

believe and therefore aver that all of the signatures on Signature Pages 2, 4, 13, 19, 20, 36, 39,

40, 41, 44, 45, 46, 68, 72, 75, 76, 77, 78, 79, 81, 86, 87, 94, 96, and 97 , and the 393 signatures

therein, should be stricken because the Circulators Affidavits on such Signature Pages are

defective.

37. The individual identified as Abigail Silverman circulated Signature Pages 2, 4, 19,and 20 containing a total of 41 signatures. The Circulators Affidavits on Signature Pages 2, 4,

19, and 20 include the incorrectly identifies county of electors signing such Signature Pages. See

Exhibit B, Signature Pages 2, 4, 19, and 20. Petitioner-Objectors believe and therefore aver that

all of the signatures on Signature Pages 2, 4, 19, and 20 should be stricken because the

Circulators Affidavits on such Signature Pages are defective.

38. An individual identified as Andrew K. Bailey circulated Signature Page 26,containing 15 signatures. Circulators Affidavit on Signature Page 26 fails to identify the county

of electors signing such Signature Page. See Exhibit B, Signature Page 26. Petitioner-Objectors

believe and therefore aver that all of the signatures on Signature Page 26 should be stricken

because it is defective in failing to include the county of signers.

39. As specifically set forth above, Petitioner-Objectors Global Challenges includereasons for striking the entirety of 39 Signature Pages containing a total of 610 signatures. See

Exhibit B. The Global Challenges include objections to invalid Circulators Affidavits,

information provided for the benefit of Signers, and the lines set forth therein do not constitute

valid signatures.

Individual Signature Line Challenges to Candidates Nomination Petition

40. Petitioner-Objectors challenges as to each individual signature line of theNomination Petition, as well as the signatures objected to pursuant to the Global Challenges, are

contained in the Individual Signature Line Challenges, attached hereto as Exhibit B and

incorporated by reference as if fully set forth herein.


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Circulators Affidavit

Dated

provided after the Circulators Affidavit was dated.

NR12 Not Registered in 12t

Congressional District

of Pennsylvania

No registration record can be located in the officialrecords for a registered voter of this name, at this

address, in the 12th

Congressional District of

Pennsylvania, or the address provided on this line islocated outside of the 12th

Congressional District ofPennsylvania.

MUN Omitted or Incorrect

Municipality

Elector has omitted information from the space on this

line for municipality, or the information differs from

the municipality included on the electors registration

record.

ID Invalid Date The date provided on this line is: not within the timeperiod permitted for signing the nomination petition;

after the date provided by one or more later signers;

before the date provided by one or more earlier

signers; or otherwise incomplete. NRD Not Registered in the

Democratic PartyThe signer is a registered elector, but is not enrolled asa member of the Democratic Party.

SBF Struck Before Filing This line was struck before the nomination petitionwas filed and therefore cannot be included as a valid

signature.

SPA Struck by Pennsylvania

Department of the

Commonwealth

This line was struck by the Pennsylvania Department

of the Commonwealth upon filing.

Other Other Grounds for

Challenge

This line is challenged based on grounds for objection

not set forth above.

42. As specifically set forth in Exhibit B, Petitioner-Objectors challenge a total of 332unique Individual Signature Lines in addition to the 610 signatures included in the Global

Challenges to the Signature Pages. Each of the challenged lines is invalid and/or defective and

cannot be counted as a valid signature.

43. The Petitioner-Objectors Global Challenges and Individual Signature LineChallenges combine to render 942 signatures invalid under the Election Code.

44. Pursuant to the Global Challenges and the Individual Signature Line Challengesset forth and incorporated by reference herein, Candidates Nomination Petition does not contain

the minimum of 1,000 valid signatures required to place the name of Jason Altmire on the ballot

as a candidate for the Democratic nomination for Representative in the United States Congress

for the Twelfth Congressional District of Pennsylvania, as required by the Election Code.

45. Therefore, the Nomination Petition should be set aside. See 25 P.S. 2937.


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WHEREFORE, Petitioner-Objectors pray that this Honorable Court enter an

Order providing relief as follows:

1. Sustaining Petitioner-Objectors objections to the Nomination Petition2. Setting aside the Nomination Petition of Jason Altmire for the Democratic

nomination for Representative in the United States Congress for the Twelfth Congressional

District of Pennsylvania;

3. Declaring Jason Altmire did not submit, and does not have, at least theminimum number of valid signatures required by the Election Code to have his name placed on

the ballot for the April 24, 2012 Primary Election as a candidate for the Democratic nomination

for Representative in the United States Congress for the Twelfth Congressional District of

Pennsylvania;

4. Directing the appropriate officers of the Commonwealth of Pennsylvania,and its political subdivisions, not to place the name of Jason Altmire on the ballot for the April

24, 2012 Primary Election as a candidate for the Democratic nomination for Representative in

the United States Congress for the Twelfth Congressional District of Pennsylvania;

5. Ordering Jason Altmire and/or his official campaign or campaigncommittee to remit payment for the costs of these proceedings, including but not limited to the

fees of witnesses, experts, attorneys, and other reasonable costs incurred by Petitioner-Objectors

in bringing this Petition before the Court. See 25 P.S. 2937; and

6. Granting further or other relief as this Honorable Court deems necessaryand just in the disposition of this matter.

Respectfully submitted,

By:

Scott A. Caulfield, Esquire

Pennsylvania I.D. No. 947841523D High Pointe Drive

Harrisburg, PA 17110

[email protected]

ph: (717) 512-8928

fax: (717) 828-1177

Date: February 21, 2012 Attorney for Petitioner-Objectors

Documents

Altmire Petition Challenge